Teri Kanefield Profile picture
Former appellate defender. UC Berkeley Law graduate. Book prizes include the Jane Addams Book Award. Legal and political analysis in the @washpost and others.
SocialMediaWarriorForABlueAmerica Profile picture Joanna (They/ Them)🌱 Profile picture Bill Jackson III (Taylor’s Version🧣) 🖥🗽 Profile picture Lenny Marlow Profile picture Homac Profile picture 439 added to My Authors
Dec 1 20 tweets 8 min read
Here's the 11th Circuit decision in Trump v. US, the Special Master case: documentcloud.org/documents/2332…
(h/t @emptywheel)

It's gonna be good. Ready?

I never liked suspense, so I skipped to the end: The court vacates the Sept. 5 order, and remands with orders to dismiss.


1/ Image They open with jurisdiction.

The adjective "lawfully" tells you where this is going.

A remedy like a special master is allowable when the government, in conducting the search, showed "callous disregard" for a person's rights.

2/ Image
Dec 1 5 tweets 2 min read
Hi Everyone,

I moved servers on Mastodon and lost 8,000 followers over there. Some smart people are trying to figure out where they are.

If you followed me on Mastodon, you may need to follow me again here: @Teri_Kanefield@law-and-politics.online.

I assumed . . .

. . . that the lost followers were stuck in Mastodon Purgatory, but I was informed that I was using outdated human mythology and actually my lost followers are in the La Brea Tar Pits.

Anyway, sorry to have lost you.

Nov 29 5 tweets 2 min read
Stewart Rhodes (and his buddy Meggs) is guilty of seditious conspiracy.

How about a quick primer on why this is such a big deal🤓

The DOJ has been following the procedure Garland operated in numerous speeches, including on January 5, 2022 . . .

1/ See: justice.gov/opa/speech/att…

They start with the more overt crimes, which generates linkages to less overt ones.

That's why they started with stuff like vandalism.

Here are the elements of seditious conspiracy ⤵️
Force is an element.

Nov 29 4 tweets 1 min read
If you followed me more than 2 days ago on Mastodon, you may need to do this ⤵️

What happened is I tried to move 17,000 followers to my own server and there is a major slowdown because all Mastodon servers are overloaded with a huge influx from Twitter.

Or . . . You can follow me directly in my new Mastodon home.

My private server is called law-and-politics.online, my shiny new thing thanks to my in-house technical support staff (my husband).

My handle: @Teri_Kanefield@law-and-politics.online
Nov 29 4 tweets 2 min read
Since writing this post over the weekend, I've developed more doubts about Post .news as an alternative to Twitter: terikanefield.com/curing-the-ill…

I understand that Post. news is in the beta stages and a competent team is working out details. My issues have to do with the premise.

These two articles are from the Nieman Lab (Harvard).

This one explains the problem:
The premise is that a site can monetize through micropayments, but major publishers have to join or it will not work, and they may not.

Nov 28 11 tweets 4 min read
If you missed it, for my weekend blog post, I took on an obviously timely topic: Curing the Ills of Social Media.

(Sorry the Musk tweet shows up as the image. I meant to fix that.)

Social media does much good and has the potential to do more. . .

terikanefield.com/curing-the-ill… But, as Cass Sunstein argued in 2017, the Internet and social media are threatening democracy by driving political fragmentation, polarization, and even extremism.

Musk's takeover of Twitter perhaps gives us a chance to create something better. . .

Nov 27 7 tweets 3 min read
For this week's blog post, I took on a big (and I think timely) topic:

Curing the ills of Social Media

(Sorry that Musk's tweet pops up as the image. I meant to fix that.)

Yes, social media does a lot of good. I mention those at the beginning.

In 2017, Cass Sunstein argued that the Internet and social media are threatening democracy by driving political fragmentation, polarization, and even extremism.

Part I of my blog post lays out how social media as it currently operates encourages demagoguery.

Nov 26 4 tweets 2 min read
I am on the waitlist. I'll let you all know when I have an address there.

Is it easy to use? I'm also on Mastodon currently experimenting with setting up a personal server. Will keep you all posted.

Although as @joshtpm says, watching Elon Musk radicalize in real-time is fascinating (and horrifying).
Nov 22 13 tweets 3 min read
You can listen to the 11th circuit argument in Trump's Special Master case:

The question: Has there ever been a case when a court took jurisdiction without evidence that the government disregarded the potential defendant's rights.

Answer: no.

Plus DOJ argues that the defendant has not shown any need for the documents.

Q: What need would a potential defendant have to show?

A: Example: A person might need the documents back to keep a business going. But Trump already has everything back except classified docs.

Nov 22 5 tweets 2 min read
"When someone shows you who they are, believe them the first time." (Maya Angelo)

Maybe we should take Musk at his word: He wants to control the content.

He has the same authoritarian instincts as Trump and Putin and knows that power = control of information.

1/ There are advantages to having your platform run by a single person or entity.

Disadvantage: the site is run for profit or at the whim of a right-wing nutso billionaire.

We know that the "freedom of speech warriors" have a dangerous political agenda.

Nov 22 8 tweets 2 min read
A lot of the criticism I am seeing of Mastodon is from people who assume that Mastodon is like Twitter or Facebook.

It isn't.

There is no corporate or billionaire owner. Mastodon is basically a bunch of servers that interact with each other.

It's like getting rid of the king. If there's no king, everyone has to govern themselves, which gets messy.

Put another way, nobody is promising to make the trains run on time.

But then again, nobody is making a profit from you. You are not the product or the target of ads or algorithms.
Nov 22 5 tweets 2 min read
Another win for the Democrats and voting rights.

What happened was this: In 2021, Georgia Republicans passed a law shortening the early voting period. Only one Saturday remained for early voting in the runoffs.

Secretary of State Raffensperger said. . .

1/ . . . early voting can't be held that day because state law says it is illegal on a Saturday if there is a holiday on the Thursday or Friday preceding it.

Warnock’s campaign, the Georgia Dems, and the Dem. Sen. committee sued last week challenging Raffensperger. . .

Nov 21 4 tweets 2 min read
Making this free through my subscription:

Given the evidence that has come out about Trump in the Trump Org criminal fraud case, it's no surprise that the New York prosecutors are considering another way forward.

It may seem like all of this is happening at once, or "picking up speed," but all of these investigations have been in the works for a while, and it takes time to flush out the evidence in these cases, particularly when Allan Weisselberg is willing to take the fall.

Nov 20 4 tweets 2 min read
This can be recreated on Mastodon. It's an entirely different model.

I've been meaning to update my thoughts on Mastodon. Since drafting it, I've received some comments that I haven't integrated yet. It's here: terikanefield.com/can-the-mastod…

1/ terikanefield.com/can-the-mastod…
I know, I know. It's new and hard to learn.

It took me a long time to learn Twitter. And yes, I've made good friends here and I love the community . . .
Nov 19 4 tweets 2 min read
The best explanation for the conspiracy theories on both sides of the political spectrum is from historian Richard Hofstader's book, "The Paranoid Style in American Politics."

Conspiracies come from paranoia, which comes from fear of complexity.

Screenshot: @mat_3rd's tweet. Hofstadter conducted a thorough review of American politics from before the founding of the nation through McCarthyism and noticed a pattern among a small impassioned minority.

He called their behavior the “paranoid style” in politics.
Nov 18 5 tweets 2 min read
One possibility for Twitter's future:

(1) On the technical side, first small things will go wrong. It will take longer to solve problems. Over time it will get worse.

(2) Eventually this will turn into a site non-MAGA won't like: Offensive ads, unreliable content, etc. Eventually, Elon may solve the technical problems, but it's likely the experience will become unpleasant.

When the 2010 earthquake hit Chile, we learned my husband's Chilean relatives were safe because of Facebook.

Now the Facebook experience is unpleasant.
Nov 18 16 tweets 5 min read
Here we go (h/t @emptywheel)

The introduction gives an overview. To summarize:

Initially, Trump brought this suit purportedly to protect interests in asserting executive privilege and attorney-client privilege but those claims went nowhere. . .

Trump has now largely abandoned the claim that the docs should be withheld based on executive privilege (a claim that was always absurd).

Attorney-client disputes come down to a single portion of a 1-page document, which should have been resolved by the magistrate judge.

2/ Image
Nov 16 6 tweets 2 min read
"Their moral compass is broken" is another way to say, "They prefer a reactionary, regressive, anti-democratic government."

They're coming to realize that Trump can't deliver what they want, but the Republican Party won't stop being anti-democratic and reactionary. These guys have been with us since the founding of the nation. In the 19th century, they were in favor of slavery and opposed to women's rights. In the early 20th century, they were in favor of racial segregation.

The conservative economic agenda is unpopular. . . Image
Nov 15 5 tweets 2 min read
I've been thinking about @simonwdc's observation: We didn't have a data problem. We had an analysis problem.

I think this sums up the entire problem with our current media and information disruption. The data is there, but we're too easily distracted and manipulated. It's not just media. I'm also thinking of the dynamics of social media. People latch onto rage inducing simplifications.

For example, people who have large influential accounts are still saying things like "WHERE IS MERRICK GARLAND."

I do understand the problem . . .
Nov 12 4 tweets 1 min read
I don't believe Trump actually thinks he'll innoculate himself from prosecution by declaring himself a candidate.

I believe it's a way to keep himself at the center stage of the GOP by presenting himself as the target of left-wing radical hated.

It will be his rallying cry. Another common talking point is that Trump files legal actions with the goal of creating delays. This projects onto Trump rational thought process that makes sense to people. (Normal people projecting normalcy.)

He uses court filings to create a narrative . . .
Nov 11 17 tweets 5 min read
Trump's lawyers filed their response to the DOJ's 11th circuit appeal in the Judge Cannon special master case.

Here's Trump's response: …dn-prod.news-engineering.aws.wapo.pub/publish_docume…

Shall we read it together?🤓

We left off with the DOJ giving Kash Patel use immunity to secure his testimony. . .
Wait, what's use immunity? Here's a quick explainer⤵️ (This is from my blog)

Trump has an uphill battle here because the 11th circuit has already sided with the DOJ once, and allowed the DOJ to continue its criminal investigation as this appeal is pending.

2/ Image